Study On The Incentive Confession Mechanism In Criminal Judicature

The statement of a suspect and defendant, as a direct evidence, is of great worth to the quick case-solving and accurately sentencing and convicting. Therefore the judicial departments rely on the statement a lot in criminal investigation and judgment. However, on one hand, affected by the instinct to draw on the advantages and avoid disadvantages and their fluke mind after crimes, the criminal suspects are often reluctant to make a statement or likely to make a false one; on the other hand, the revised code of criminal procedure further restricts judicial officials’ power; both of which make it harder to acquire oral confession. Therefore, this thesis is based on that how the judicial departments should effectively impel the criminal suspects to make a statement and lawfully and effectively acquire oral confession with the prerequisite of ensuring the basic rights of a suspect and defendant.In order to encourage the criminal suspect to make a statement, many countries have been actively trying new and effective ways to acquire oral confession, such as Plea Bargaining, Evading Miranda Rule and Witness Immunity. The Chinese legislation has also encouraged the statement in the ways such as the systems of voluntarily surrendering oneself and rendering meritorious service. The revised penal code and the code of criminal procedure officially read that leniency to those who confess as a piece of law to encourage the statement. The judicial departments at all levels also tried many new and effective ways such as the seemingly plea bargaining in the case of Qijiang rainbow bridge collapse. However, on one hand, the three systems of voluntarily surrendering oneself, rendering meritorious service andleniency to those who confess don’t full play their roles; moreover, there are some side effects from these systems. On the other hand, as to the control span of these three systems, there are some overlaps and leave outs. What’s more, many trials don’t have legal base as a result of legislation deficiency. Based on the study of the Chinese law and judicial practices, this thesis mainly analyses the problems of the existing oral confession acquisition system and the structure of incentive statement system with the theory of Maslow’s hierarchy of needs; and proposes to construct a confession acquisition system which can encourage the suspects to make a statement and ensure the basic rights and safety of them and their family.This thesis are divided into six parts.In the first part, the author proposes the problems. Starting with the Qijiang rainbow bridge collapse case, the thesis talks about the problems existing in our judicial confession acquisition. In the Qijiang rainbow bridge collapse case, the office of the public prosecutor doesn’t sue the associate briber for bribery considering their help to prove the bribery with an official legal basis. This is an effective judicial practice of incentive statement acquisition system. However, controversy is accompanied that it is sensible to do like this, however, is it also proper and legal?The second part talks about the necessity of the study. It analyses the contradiction between the importance of confession and the difficulty to acquire the confession. Therefore, it is important to construct an incentive confession system.The third part talks about the contents of the system. It analyses the definition and structure of the system, the factors influencing confession and the incentive and ensuring mechanisms, and define the willingness extent legally.The fourth part talks about the theory behind the system. It focuses on the theoretical basis and the value of this system. The former contains two parts-legitimacy and feasibility theories. Legitimacy theory includes recoverable judicature, reintegrative shaming theory and harmonious society; and the thesis studies its theoretical basis of feasibility with the theory of Maslow’s hierarchy of needs.As to the system value, there are three points.Firstly, it can provide legal basis to new ways to acquire confession and contain extorting a confession by torture; secondly, it is more helpful to make the criminals repent and admit his guilt and go back to the society, which achieves the general and specific prevention in the penal code; thirdly, it is more effective to evaluate the criminals’ personal danger and justly sentence with their confessions.The fifth part studies the legislation basis of the incentive statement basis. Firstly, it analyses the systems of voluntarily surrendering oneself, rendering meritorious service and leniency to those who confess; secondly, it analyses the existing problems in these systems; thirdly, it studies their deficiency in encouraging confession with the incentive and ensuring mechanisms.The last part is about the practical construction of the system. Firstly, it analyses the incentive mechanism. Specific legal laws should be written to show the encouragement to the suspects’ truthful confession; secondly, it analyses the ensuring mechanism. It is necessary and important to fulfill the judicial promises, strengthen the protection of the suspects and its family, develop the interrogation science and hence the interrogation skills.